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Are electronic cigarettes (e-cigarettes) covered under the Environmental Tobacco Smoke Control prerequisite?

Inquiry

Are electronic cigarettes (e-cigarettes) covered under the Environmental Tobacco Smoke Control prerequisite?

Ruling

Yes, electronic cigarettes are considered a form of smoking for the purposes of both the interior and exterior smoking provisions of the LEED Prerequisite Environmental Tobacco Smoke Control. As recommended in the December 2013 report[1] prepared for the World Health Organization, “e-cigarettes should be prohibited anywhere where the use of conventional cigarettes is prohibited”. The indoor air quality impacts from electronic cigarettes are not fully characterized, but there is sufficient evidence that electronic cigarettes produce emissions in fine aerosol form that can expose building occupants. For example, according to the report, “several chemicals that have been found in e-cigarette aerosol and e-liquid are on California’s official list of known human carcinogens or reproductive toxicants, including nicotine, acetaldehyde, formaldehyde, nickel, lead, toluene(1)”.
[1] Background Paper on E-cigarettes (Electronic Nicotine Delivery Systems); Grana, R.; Benowitz, N.; Glantz, SA; December 2013; University of California

The project is submitting under LEED-CI V2.0 for a tenant space renovation. The building that the tenant occupies is smoke free, except for a bar & restaurant. There was a recent city ordinance pa...

Inquiry

The project is submitting under LEED-CI V2.0 for a tenant space renovation. The building that the tenant occupies is smoke free, except for a bar & restaurant. There was a recent city ordinance passed to ban smoking at all bars & restaurants by July 2008. The building management has also required this tenant to ban smoking by this date per city ordinance, making the building completely smoke free. Would a letter indicating future compliance by the tenant, along with documentation of the city ordinance fulfill the requirements of this prerequisite? Also, if the entrance to this building is on public property, and the current ordinance prohibits smoking only 15' away from entrances, instead of 25' as required per LEED, will the project still comply with the intent of the credit?

Ruling

The CIR is inquiring whether proof of future compliance would be acceptable to meet the prerequisite and whether prohibiting smoking within 15 feet from entrances would meet the intent of the credit. Future compliance for this prerequisite would not meet the intent, which is to prevent or minimize exposure of tenant space occupants, indoor surfaces, and systems to Environmental Tobacco Smoke (ETS). If smoking in a space is allowed for an extended period of time, this extends the timeframe over which occupants, systems, and surfaces within these spaces will be exposed to ETS. Materials which absorb ETS will off-gas after the smoking itself ceases, further extending the exposure timeframe. Limiting smoking to 15 feet from entrances instead of 25 feet would not meet the credit requirement. The project should prohibit smoking within 25 feet from building entrances, to the extent possible, in order to meet the credit requirements. If the applicant does not have the authority to prohibit smoking within 25 feet of the entrance, signage should be posted requesting that people do not smoke within 25 feet of the entrance. Applicable Internationally.

How are balconies to be addressed within the multi-unit residential compliance path presented by the 12/3/03 NCv2.1 CIR and NCv2.2 Option 3? And how are balconies treated within the option for prohibi...

Inquiry

How are balconies to be addressed within the multi-unit residential compliance path presented by the 12/3/03 NCv2.1 CIR and NCv2.2 Option 3? And how are balconies treated within the option for prohibiting smoking? The credit requirements are not clear in this regard.

Ruling

Any potential smoking outdoors must be addressed in regards to secondhand smoke exposure. Balconies are automatically considered smoking areas unless smoking on them is prohibited (by the building manager in the case of a leased apartment; by the initial HOA Rules and Regulations in the case of a condominium). For any compliance path, if a balcony does not comply with the requirements for exterior smoking areas (at least 25 feet away from entries, operable windows and outdoor air intakes), smoking must be prohibited on the balcony. LEED projects registered before September 4, 2006, will not be held to this interpretation, but are encouraged to do so. This ruling reflects the original intent of the IEQ Technical Advisory Group and is considered consistent with the non-residential compliance paths and with the mission of green building. The ruling is also considered reasonable because eighty percent of the U.S. population does not smoke.